Sri Lanka Consolidated Acts

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Value Added Tax Act (No. 14 of 2002) - Sect 78

National Security Levy paid under the National Security Levy Act, No. 52 of 1991 to be deemed to be input tax

78.
(1) Where it is proved to the satisfaction of the Commissioner-General on a claim made in writing on or before December 31,2002. that any registered person has paid the National Security Levy under section 5A of the National Security Levy Act, No. 52 of 1991 on the importation into Sri Lanka of any article, for sale without using such article in the manufacture of any other goods by such person prior to August 1,2002 and the supply of such articles is taxable at the rate of twelve and one half per centum prior to August 1, 2002 under the Goods and Services tax Act, No. 34 of 1996, and such Articles imported or a portion thereof are remaining as stock-in-trade as at July 31. 2002 of such registered person and if such stock-in-trade will be supplied in the course of making taxable supplies under this Act, such National Security Levy paid in full or part shall be deemed to be input tax and may be allowed as input tax credit under section 22 during any taxable period commencing from the taxable period in which such claim was accepted by the Commissioner-General.
(2) any excess of input tax attributable to such deemed input tax shall not be refunded but carried forward to the next taxable period and so on notwithstanding the provisions of subsection (3) of section 22.
(3) Any excess claim or undue claim under subsection (1) and allowed as input credit shall be considered as excess input tax claimed and shall be assessed under subsection (7) of section 22


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